2002 lawsuit against AP&S gets settled

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Published: March 09, 2009 11:52 pm

2002 lawsuit against AP & S gets settled

http://www.tribstar.com/news/local_story_068235227.html

By Greninger

The Tribune-Star

TERRE HAUTE — A personal injury lawsuit filed in April 2002, alleging mold

caused respiratory afflictions to some workers inside the former Wabash Valley

Surgery and Eye Center, has been settled in mediation.

The lawsuit, originally including 16 employees, alleged respiratory problems

from stachybotrys and other molds in an Associated Physicians & Surgeons Clinic

(AP & S) building at 422 Poplar St. Stachybotrys is a greenish-black, slimy mold

that can release toxic chemicals known as mycotoxins.

The lawsuit was settled Feb. 24 during mediation, the second time the lawsuit

had gone to mediation prior to a scheduled trial in October. An

" upper-six-figure " settlement was reached with 13 plaintiffs who remained in the

lawsuit, said Gambill, a Terre Haute attorney who represented 11 of

the plaintiffs. The settlement was made individually, with each plaintiff

receiving a varied amount.

" What really made the settlement possible was Union Hospital had health

insurance liens and they agreed to waive hundreds of thousands of dollars in

insurance liens [with AP & S]. They helped facilitate there being a settlement, "

Gambill said.

Gambill said the total value of the settlement, plus the wavier of liens, ranged

from $1 million to $1.5 million. He said both the plaintiffs and the defense had

high-profile experts ready to testify.

" This was a high-risk case. It is a classic example where settlement came

because the risks on both sides were very high, " Gambill said. " The court had

set aside a month for this trial. "

The settlement was paid by AP & S, CDI Inc., which erected the building, and

Artekna Design, an Indianapolis architectural firm.

" We felt it was appropriate to attend mediation at the time and felt that while

the resolution was not the perfect desire of either party, it was a better

alternative than moving forward with a trial, " said Pat Board, chief executive

officer of AP & S Clinic.

The lawsuit alleged problems from the building's heating, ventilation and

air-conditioning (HVAC) system, as well as other issues.

Board said under a services agreement with Union Hospital, the clinic underwent

extensive repairs paid by the hospital and completed in 2001. Other

modifications were made in 2005 and in 2007 and AP & S has moved into a new

surgery center. The building now houses offices and an eye center.

" The building has been completely remediated of any mold concerns. The building

is functioning 100 percent as it should. It is 100-percent fixed, " Board said.

A telephone message was left Monday at the office of H. Daerr, attorney for

CDI Inc., and with a fellow attorney, Matt Voors, who said he would relay a

request for comment to Daerr. Geoff Blazi, an attorney for Artekna, said he was

not authorized by Artekna to discuss the settlement.

The lawsuit's resolution has been a long time coming, said one plaintiff.

" It has been nine long years, " said Terri Acton, 47, a plaintiff in the lawsuit

who now works at Union Hospital. " We started in 2000 to try to get information

from AP & S about air quality. That is the only reason we sought an attorney is

because they would not release that information to us. My physician needed it

because my asthma was out of control. "

Acton said workers originally had sought payment for sick time and medical bills

" and to fix the building and make it a safe place to work…

" I am satisfied it is over. There comes a point in time that you just want to

try to put it behind you. The attorneys, now, can put it behind them. We'll be a

distant memory to them in a few months, but for us, every asthma attack we have,

every complication we have from working in the building, will be a constant

reminder to us of what we lived with and still continue to live with, " Acton

said of medical problems from stachybotrys mold.

Greninger can be reached at (812) 231-4204 or

howard.greninger@...